RAVINDRA VINAYA SATHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Writ Petition is heard finally at the stage of admission, with the consent of learned counsel for the parties.

(2.) By this Petition, the petitioner impugns the order passed by learned Civil Judge S.D. Yavatmal, on 18.7.2007 asking the petitioner to furnish solvent surety while receiving the amount of compensation of Rs. 2,00, 115 which was deposited by the State before the Civil Judge Sr.Dn. Yavatmal.

(3.) Few facts giving rise to the petition are stated thus: The State of Maharashtra had acquired the land belonging to the mother of petitioner and respondent no.5, by name Mainabai. Sections 4 and 6 notifications were issued in the month of June, 1978 and the Land Acquisition Officer had granted compensation @ Rs. 3000/- per hectare. The Reference Court enhanced the compensation payable to Mainabai by the award dated 6.12.1990. Mainabai died on 30.11.1992 . The First Appeal filed by the State of Maharashtra against the award passed by the Reference Court was also dismissed as abated on 22.2.1994 and the judgment and award passed by the Reference Court reached finality. The petitioner filed Special Darkhast No.68/2001 before the Executing Court, for recovery of 50 % of the compensation receivable towards the acquisition of land as per the award passed by the Reference Court.